Oregon Surrogacy Law

Oregon surrogacy law allows only uncompensated surrogacy arrangements.  The issue of surrogacy agreements involving lesbian, gay, bisexual or transgender individuals has not yet been considered by the courts.

The Oregon statute prohibiting “buying or selling a person” has an explicit exemption for “fees for services in an adoption pursuant to a surrogacy agreement.” However, it appears that the state may invalidate any agreement in which money is exchanged for the right to adopt a child (particularly when the birth mother contests it).  If a surrogate mother is compensated for her consent to adoption under a surrogacy contract, the contract is unenforceable.   Regardless, it appears that the courts will uphold a surrogacy arrangement in which the compensated surrogate mother would have carried the baby with or without payment.  In the case of In the Matter of the Adoption of Baby A and Baby B, an Oregon Court of Appeals upheld an uncontested surrogacy arrangement, refusing to invalidate the agreement even though payment to the surrogate mother exceeded her pregnancy-related expenses.  The Court emphasized that the facts indicated the surrogate would have entered into the agreement even without compensation and that she was not seeking to withdraw her consent for the adoption of the child.

An administrative regulation in Oregon makes it legal for lesbian, gay, bisexual or transgender couples to jointly adopt a child, and it appears to also allow lesbian, gay, bisexual or transgender individuals to adopt the child of their same-sex partner.


Inside Oregon Surrogacy Law